User
Information.
When you register for the Web Site, you will
be asked to provide the Company with certain information including,
without limitation, a valid email address (your "Information").
In addition to the terms and conditions that may be set forth
in any privacy policy on this Web Site, you understand and
agree that the Company may disclose to third parties, on an
anonymous basis, certain aggregate information contained in
your registration application. The Company will not disclose
to any third party your name, address, e-mail address or telephone
number without your prior consent, except to the extent necessary
or appropriate to comply with applicable laws or in legal
proceedings where such information is relevant. The Company
reserves the right to offer third party services and products
to you based on the preferences that you identify in your
registration and at any time thereafter; such offers may be
made by the Company or by third parties. Please see the Companys
Privacy Policy for further details regarding your Information.
User Submissions.
As a user, you are responsible for your own
communications and are responsible for the consequences of
their posting. You must not, and by using this Web Site you
agree not to, do the following things: post material that
is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material
that reveals trade secrets, unless you own them or have the
permission of the owner; post material that infringes on any
other intellectual property rights of others or on the privacy
or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; post a sexually-explicit
image or statement; post advertisements or solicitations of
business, post chain letters or pyramid schemes; impersonate
another person; or post material that contains viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any
system, data or information.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users
or endorse any opinions expressed by users. You acknowledge
that any reliance on material posted by other users will be
at your own risk.
The Company acts as a passive conduct for the online distribution
and publication of user-submitted information and has no obligation
to screen communications or information in advance and is
not responsible for screening or monitoring material posted
by users. If notified by a user of communications which allegedly
do not conform to these Terms and Conditions, the Company
may investigate the allegation and determine in good faith
and its sole discretion whether to remove or request the removal
of the communication. The Company has no liability or responsibility
to users for performance or nonperformance of such activities.
The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms
and Conditions or the law and the right to remove communications
which are abusive, illegal, or disruptive. The Company may
take any action with respect to user-submitted information
that it deems necessary or appropriate in its sole discretion
if it believes it may create liability for the Company or
may cause the Company to lose (in whole or in part) the services
of its ISPs or other suppliers.
By submitting content to any public or non-public area of
the Web Site, including message boards, forums, contests and
chat rooms, you grant the Company and its affiliates the loyalty-free,
perpetual, irrevocable, sublicenseable (through multiple tiers),
non-exclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public,
perform and display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media,
or technology now known or later developed, for the full term
of any rights that may exist in such content. You also warrant
that the holder of any rights, including moral rights in such
content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant
the license stated above. You also permit any subscriber to
access, display, view, store and reproduce such content for
personal use. Subject to the foregoing, the owner of such
content placed on the Web Site retains any and all rights
that may exist in such content.
Registration and Password.
You are responsible for maintaining the confidentiality
of your information and password. You shall be responsible
for all uses of your registration, whether or not authorized
by you. You agree to immediately notify the Company of any
unauthorized use of your registration or password.
The Companys Liability.
HappyCareer.com is only a venue. This Web
Site acts as a venue for employers to post job opportunities
and candidates to post resumes and does not screen or censor
the listings offered. The Company is not involved in the actual
transaction between employers and candidates. As a result,
the Company has no control over the quality, safety or legality
of the jobs or resumes posted, the truth or accuracy of the
listings, the ability of employers to offer job opportunities
to candidates or the ability of candidates to fill job openings.
In addition, note that there are risks, including but not
limited to the risk of physical harm, of dealing with strangers,
foreign nationals, underage persons or people acting under
false pretenses. You assume all risks associated with dealing
with other users with whom you come in contact through the
Web Site.
Because user authentication on the Internet is difficult,
HappyCareer.com cannot and does not confirm that each user
is who they claim to be. Because we do not and cannot be involved
in user-to-user dealings or control the behavior of participants
on HappyCareer.com, in the event that you have a dispute with
one or more users, you release the Company (and our agents
and employees) from claims, demands and damages (actual and
consequential, direct and indirect) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such
disputes. If you are a California resident, you waive California
Civil Code d1542, which says: "A
general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have
materially affected his settlement with the debtor."
We are under no legal obligation to, and generally do not,
control the information provided by other users which is made
available through the Web Site. By its very nature, other
peoples information may be offensive, harmful or inaccurate,
and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when
using this Web Site.
The Material may contain inaccuracies or typographical errors.
The Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material.
The use of the Web Site and the Material is at your own risk.
Changes are periodically made to the Web Site and may be made
at any time.
You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any resume or material
contained therein placed by you on the Web Site. Employers
are solely responsible for their postings on the Web Site.
The Company is not to be considered to be an employer with
respect to your use of the Web Site and the Company shall
not be responsible for any employment decisions, for whatever
reason made, made by any entity posting jobs on the Web Site.
Disclaimer of Consequential
Damages.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE
OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS,
AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
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